14 CRR-NY 815.9NY-CRR
14 CRR-NY 815.9
14 CRR-NY 815.9
815.9 Patient use of prescription medication.
(a) Patients have the right to use lawfully prescribed and properly monitored medication, including controlled substances, from a duly-authorized medical practitioner(s). For all such patients:
(1) The provider shall document the medication name, purpose, and administration frequency as well as the prescribing practitioner's name, phone number and, if applicable, affiliation.
(2) The provider shall seek to obtain a proper consent from the patient, in accord with 42 CFR part 2, so that the provider practitioner may consult with the prescribing practitioner and discuss:
(i) the patient's total medical condition and situation;
(ii) the prescribed medicine, and available alternatives;
(iii) the best plan of services to be rendered by each practitioner, given the patient's concurrent treatment.
(3) If the patient refuses to consent or if the practitioners cannot agree on concurrent treatment, the provider practitioner shall discuss with the patient the probable risks and consequences of continued concurrent treatment. If refusal to consent continues or if the patient opts to continue taking the prescribed medicine in light of the explained probable consequences, the provider may consider a recommendation for referral and connection to a more appropriate program.
(b) Inpatient and residential providers shall develop policies and procedures governing the handling and storage of patients' medications, including controlled substances, in accord with applicable law. For such providers to take custody of such medicines lawfully, the provider must register with the New York State Department of Health as an institutional dispenser in accord with requirements of 10 NYCRR Part 80, and follow all applicable rules relating to storage of such medication.
(c) The provider shall not offer or withhold medical or pharmacological services, including prescribed medicines, for any reason other than medical necessity. The provider shall not delay, postpone, or withhold any prescribed medicine for a patient's non-compliance with a program rule, policy, or procedure. Only duly-authorized medical staff may deliver medical services and/or administer prescribed medicines.
14 CRR-NY 815.9
Current through May 31, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.